Code of Massachusetts Regulations
333 CMR - PESTICIDE BOARD
Title 333 CMR 10.00 - Certificate and licensing of Pesticide Applicators
Section 10.04 - Standards for Certification of Commercial Applicators

Universal Citation: 333 MA Code of Regs 333.10

Current through Register 1531, September 27, 2024

Competence in the use and handling of pesticides shall be determined on the basis of written examinations, and, as appropriate, performance testing, based upon standards set forth 333 CMR 10.04(1) through (3) and which are approved by the Administrator. Such examination and testing shall include the general standards applicable to all categories, the specific standards identified for each category or subcategory (if any) in which an applicator is to be classified and standards for supervision of non certified applicators. Those who apply or supervise the application by non-certified applicators of pesticides aerially, shall be required to take an additional examination on aerial application safety, calibration and techniques.

(1) Genera l Standards for All Categories and Subcategories of Commercial Applicators. All commercial applicators must demonstrate a practical knowledge of principles and practices of pest control and safe use of pesticides. Examination is to be based upon training materials and training session content related to problems and situations associated with the categories or subcategories in which the applicant wishes to be certified including the following areas:

(a) Label and Labeling Comprehension
1. General format and terminology;

2. Understanding of instructions, warnings, terms symbols, and other information commonly appearing on pesticide labels;

3. Product classification - general or restricted;

4. Necessity for use consistent with label except as otherwise allowed by interpretations or regulations.

(b) Safety - Factors such as:
1. Toxicity, hazard to humans, common exposure routes;

2. Types and causes of common accidents with pesticides;

3. Precautions necessary to prevent injury to applicators; and other persons nearby or in treated areas;

4. Need for use of protective equipment;

5. Symptoms of pesticide poisoning;

6. First aid and other procedures to follow;

7. Proper identification, storage, transport, handling, mixing procedures and disposal methods for pesticides and used containers, including precautions to be taken to prevent children from having access to pesticides or containers.

(c) Environment - Potential environmental consequences of use or misuse as influenced by factors such as:
1. Terrain, soil or other substrate types;

2. Presence of fish, wildlife and other non-target organism;

3. Sensitive non-target vegetation;

4. Drainage patterns;

5. Weather and climatic conditions;

6. Waters of the Commonwealth.

(d) Pests
1. Common features of pest organisms and characteristics of damage helpful in identification;

2. Recognition of relevant pests;

3. Pest development and biology as relevant to problem recognition and control.

(e) Pesticides
1. Types of pesticides (herbicides, rodenticide, etc.);

2. Types of formulations (dust, wettable powders, baits, etc.) and their relative potential for environmental hazard;

3. Compatibility, synergism, persistence, and animal and plant toxicity of formulations;

4. Hazards and residues associated with use;

5. Factors influencing effectiveness or which lead to such problems as resistance;

6. Dilution procedures.

(f) Equipment
1. Types, advantages and limitations of each;

2. Uses, maintenance and calibration.

(g) Application Techniques
1. Procedures used to apply various formulations, solutions, and gases, including knowledge of which techniques to use in a given situation;

2. Interrelationship of discharge and placement of pesticides to proper use, unnecessary use, and misuse;

3. Procedures to minimize drift and undesired effects on the environment.

(h) Applicable State and Federal Laws and Regulations
1. Federal insecticide, Fungicide and Rodenticide Act as amended and relevant regulations;

2. Massachusetts Pesticide Control Act and relevant regulations;

3. Other appropriate statutes and regulations.

(i) Non-chemical Alternatives. Non-chemical procedures or sets of procedures where available that could substitute for a pesticide or decrease the amount required.

(j) Impact on Human Health.

(k) Beneficial Organisms. Commercial applicators shall demonstrate a knowledge of beneficial insects and other beneficial organisms, the role they play in limiting pest populations, and the susceptibility of beneficial organisms to the various pesticides.

(2) Specific Standards for Each Category and Subcategory of Commercial Applicator. Commercial applicators in each category and subcategory shall be particularly qualified with respect to the specific standards elaborated below:

(a) Agricultural Pest Control. Applicators shall demonstrate a knowledge of crops grown and important pests against which they may be using restricted use pesticides. Factors such as the extensive areas involved, quantities of pesticides needed, and ultimate use of commodities as food and feed indicate the importance of competency in these applicators. Also, there are other important considerations such as soil and water problems, pre-harvest intervals, re-entry intervals, phytotoxicity, proximity of other crops and human occupancy, potential for environmental contamination and non-target injury. Applicators shall also demonstrate a practical knowledge of the animals to be treated and their usual pests. A practical understanding for undesirable or illegal residues in food products. The applicator must know the relative hazards associated with formulations, methods of application, age of the animals, stresses and extent of treatment. In making application to structures or areas in or on which animals are confined, residues in animal feed and in food products become important. Applicators shall also demonstrate a knowledge of the role of beneficial insects in controlling pests. Applicators shall further demonstrate a knowledge of how resistance to a pesticide develops and ways to minimize this occurrence.

(b) Forest Pest Control. Applicators shall shave a practical knowledge of forest-types in this state, the pests involved, the cyclic occurrence and population dynamics of certain pests as a basis for programming treatment. Practical knowledge of natural control agents and their vulnerability to projected pesticide applications is required. The commercial applicator shall demonstrate a practical knowledge of forests as including natural aquatic and other wildlife habitats and the possible consequences of pesticide use. Therefore, applicators shall demonstrate an understanding of the importance of considering materials, methods of application, weather conditions, and adjacent areas in minimizing the possibility of secondary problems.

(c) Ornamental and Turf Pest Control. Applicators certified in either subcategory shall demonstrate a practical knowledge of pest problems associated with the maintenance and production of a great variety of plants applicable to the subcategory in which they are to be certified, and a knowledge of the potential for plant injury, drift, and persistence beyond the time necessary for pest control. They shall also show an understanding of methods which will minimize or prevent hazards to humans, pets and other domestic animals.
1. Shade Trees and Ornamentals. Applicators certified in this subcategory shall demonstrate a practical knowledge of the information set forth in 333 CMR 10.04(2)(c), as it applies to the protection of trees and shrubs maintained for shade and aesthetic purposes.

2. Turf. Applicators certified in this subcategory shall demonstrate a practical knowledge of the information set forth in 333 CMR 10.04(2)(c), as it applies to the protection of grassed areas maintained for sports use or aesthetic purposes.

3. Interior Landscaping. Applicators certified in the subcategory shall demonstrate a practical knowledge of the information set forth in 333 CMR 10.04(2)(c), as it pertains to the protection of indoor plants maintained for aesthetic purposes. Certified applicators in this subcategory shall demonstrate a practical knowledge of the proper use and handling of pesticides labeled for use on indoor plants to minimize exposure to non-applicators.

(d) Seed Treatment. A very small number of applicators are involved in this phase of pest control in this state. Any applicators who require certification shall demonstrate a practical knowledge of types of seeds requiring protection and factors such as seed coloration, carriers and surface active agents which may affect germination or effectiveness. Also they shall demonstrate a knowledge of hazards associated with handling, sorting, mixing and inadvertent misuse or unsafe disposal of treated seeds.

(e) Aquatic Pest Control. Commercial applicators who are certified in this category must demonstrate a practical knowledge of secondary effects that may be caused by improper application rates, wrong formulations and poor application techniques; also a knowledge of various water use situations and downstream effects. These applicators shall demonstrate practical knowledge of the principles of limited area treatments and the potential for adverse effects on fish, birds, beneficial insects, and other non-target organisms that may be present.

(f) Right-of-Way Pest Control. Rights-of-way traverse many types of terrain, including waterways. Applicators certified in this category shall demonstrate a practical knowledge of problems of run-off, drift, excessive defoliation and ability to recognize target organisms. They must have an understanding of herbicides and the need for restricting these pesticides to right-of-way areas because of the possible impact of improper applications on adjacent areas and communities.

(g) Industrial, Institutional, Structural and Health Related Pest Control. Applicators certified in any of the subcategories of this category must demonstrate, as applicable, a practical knowledge of a wide variety of pests including their life cycles, types of formulations appropriate for their control and methods of application that avoid contamination of food, damage and contamination of habitat and exposure of people and pets. Since human exposure, including babies, children, pregnant women, and elderly people, is frequently a potential problem, applicators must demonstrate practical knowledge of the specific factors which may lead to a hazardous condition, including continuous exposure in the various situations encountered in this category. Because health related pest control may involve outdoor applications, applicators must also demonstrate practical knowledge of environmental conditions particularly related to this activity.
1. General. The varied situations in which applications are made and the necessity for treatments to places where people live, eat, sleep and play, and where food and feed is stored, make it important for applicators to demonstrate a sound practical knowledge of a wide variety of pests, including identification, life cycles, effective formulations and safe methods so as to avoid contamination of food and feed, damage to property and exposure of people and pets. Applicators who are certified in this subcategory shall demonstrate an understanding of factors such as continuous exposure and the presence of babies, pregnant women or elderly people, which may create hazardous situations.

2. Fumigation. Applicators who are certified in this subcategory shall demonstrate a practical knowledge of the pests associated with situations requiring this control procedure, the pesticide utilized, the equipment and precautions necessary to prevent human exposure and illegal residues in food or feed.

3. Site Sanitation. Applicators who are certified in this subcategory shall demonstrate an understanding of environmental effects since applications are made outside buildings with associated run-off, drift and potential contamination of adjacent areas.

4. Termite and Structural Pest Control. Applicators who are certified in this subcategory shall demonstrate a practical knowledge of habitats, effective pesticides, methods of applications and conditions leading to potential problems such as type of soil, proximity of wells and desirable vegetation and backsiphoning of pesticide mixture into water supply. Applicators shall also demonstrate a knowledge of the information, regarding hazards of the pesticide to be employed, which should be conveyed to occupants of the structure to be treated. This shall include information on general precautions which should be taken to minimize exposure. Applicators shall further demonstrate sufficient knowledge about the hazards of the pesticides to be applied to enable them to give adequate warning regarding exposure to occupants who may be particularly vulnerable to those hazards (e.g., pregnant women, persons on anticoagulant medications, persons with respiratory problems, etc.).

5. Food Processing Pest Control. Applicators shall demonstrate a practical knowledge of pests associated with food processing plants. Applicators shall also demonstrate an understanding of the importance of preventing the contamination of food products with pesticides as a result of their operations and of the procedures necessary to prevent such contamination. They shall further demonstrate a practical knowledge of the specialized equipment necessary to protect themselves and other employees during and, after pesticide applications, especially fumigation operations.

6. Vertebrate Pest Control. Applicators who are certified in this subcategory shall demonstrate a practical knowledge of vertebrate animals usually encountered as pests. Applicators shall also demonstrate an understanding of the principles of vertebrate animal management, including mechanical, structural modification, habitat modification and other procedures which can be used to manipulate vertebrate animal population so as to make the use of pesticides a procedure to be followed only when the foregoing are not practical. They shall further demonstrate an appreciation of the effects of pesticides a procedure to be followed only when the foregoing are not practical. They shall further demonstrate an appreciation of the effects of pesticides on humans and other animals in any area in which pesticides are exposed. In addition, applicators shall demonstrate a knowledge of the information, regarding the hazard of the pesticide to be employed, which should be conveyed to occupants of the building. This shall include information on general precautions which should be taken to minimize exposure. Applicators shall also demonstrate sufficient knowledge about the hazards of the applied pesticide to enable them to give adequate warning regarding exposure to occupants who may be particularly vulnerable to those hazards (e.g. pregnant women, person on anticoagulant medications, persons with respiratory problems, etc.). Finally, applicators shall demonstrate a knowledge of how to recognize the effectiveness of the treatment.

7. Wood Preservative. Applicators who are certified in this subcategory shall demonstrate an understanding of the proper use and handling of the pesticides registered for wood

preservation. Special emphasis will be placed upon the safest procedures that should be followed to minimize human, especially worker, exposure.

(h) Public Health Pest and Nuisance Control. Applicators certified in this category shall demonstrate a practical knowledge of disease transmission by vectors as relate to application programs. Applicators shall recognize the potential environmental and human exposure problems related to widespread use of pesticides applied to water and residential areas. These applicators shall also demonstrate an understanding of non-chemical methods such as water management and sanitation.
1. General. Applicators certified in this subcategory shall demonstrate a practical knowledge of such vectors as rodents, ticks, mites, fleas; including identification, life histories and habitats as related to control procedures.

2. Mosquitoes and Biting Flies. Applicators certified in this subcategory shall demonstrate a practical knowledge of such vectors as mosquitoes, tabanids, black flies and other diptera; including identification, life histories and habitats as related to control procedures.

(i) Regulatory Pest Control. Applicators who are certified in this category shall demonstrate a practical knowledge of regulated pests, applicable federal and state laws relative to quarantines and other regulations of pests and the impact on the environment of pesticide applications to eradicate or suppress such pests. Applicators are expected to understand the factors influencing introduction, spread and population dynamics of relevant pests. Also, they should have practical knowledge of regulated pests in other areas of the country that might become problems in this state.

(j) Demonstration and Research Pest Control. Persons demonstrating the safe and effective use of pesticides to other applicators and the public will be expected to meet comprehensive standards reflecting a broad spectrum of pesticide uses. Many different pest problem situations will be encountered in the course of activities associated with demonstration, and practical knowledge of problems, pests, and population levels occurring in each demonstration situation is required. Further, they should demonstrate an understanding of pesticide organism interactions and the importance of integrating pesticide use with other control methods. In general, it would be expected that applicators doing demonstration pest control work possess a practical knowledge of all of the general standards detailed in 333 CMR 10.04(1). In addition, they shall meet the specific standards required for 333 CMR 10.04(2)(a) through (g) as may be applicable to their particular activity and detailed in 333 CMR 10.04(2). Persons conducting field research on method improvement with restricted use pesticides should be expected to know the general standards detailed in 333 CMR 10.04(1). In addition, they shall be expected to know the specific standards detailed in 333 CMR 10.04(2)(a) through (i) applicable to their particular activity.

(3) Aerial Examination Standards. Aerial applicators, in addition to meeting general and applicable specific standards, shall demonstrate a practical knowledge of federal and state regulations concerning aerial application of pesticides, hazards of pesticides to those making aerial applications and related protective devices. Applicators shall also demonstrate a practical knowledge of environmental considerations peculiar to aerial application in the areas of water contamination, spills, bee kills, noise and the potential for similar nuisances. Applicators shall further demonstrate a knowledge of aircraft dispersal systems and their calibration, swath patterns and drift. Finally, thy shall demonstrate a knowledge of aeronautics as they apply to aerial applications.

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